Claim Response, Clement, RobertBARRY A. LINDAHL~
CORPORATION COUNSEl, CITY OF DUBUQUE
MEMO
To:
DATE:
RE:
Claimant
Robert Clement
Mayor Terrance M. Duggan and
Members of the City Council
June 17, 2002
Claim Against the City By Robert Clement
Date of Claim Date of Loss
06/05/02 06/04102
Nature of Claim
Vehicle Damage
This is a claim in which the claimant states that as he was driving eastbound on Kaufmann
Avenue approaching Central Avenue, he struck a pothole, blowing out his two passenger
tires.
According to the report of John Klostermann, Street/Sewer Maintenance Supervisor, the
City received record-breaking rainfall during the early morning hours of June 4, 2002,
resulting in overflowed storm sewers and heavy damage to city streets. Maintenance
crews began barricading the known wash out areas during the early morning hours, which
continued throughout the day.
Since Mr. Clement's vehicle damage was a result of the heavy rains, it is Mr.
Klostermann's recommendation to deny the claim, because the City did not have a
reasonable amount of time after the storm to provide protective barricading to this site.
The Legal Department concurs with this recommendation.
BAL/tls
CC:
Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
John Klostermann, Street/Sewer Maintenance Supervisor
Robert Clement
SUITE 330, HARBOR ViEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ~MWCI.NET
Operations and Maintenance Depafanent
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(563) 589~250 off-ice
(563) 589-4252 fax
(563) 589-4193 TDD
ops&maint~cityofdnbnque.org
June 12, 2002
Barry Lindahl
Corporation Counsel
50 West 13th Street
Dubuque, IA 52004-4864
Dear Barry:
This letter will respond to the claim filed by Mr. Robert Clement.
Mr. Clement claims damage to his vehicle when he hit a washed out area of pavement
on Kaufmann Avenue.
During the early morning hours of June 4, 2002, the City received record breaking
rainfall. Due to the heavy rains, storm sewers overflowed and city streets received
heavy damage. Maintenance crews started barricading known wash out areas during
the early morning hours and continued throughout the day.
It is my recommendation to deny this claim because the damage was due to the heavy
rains and the city did not have a reasonable amount of time after the storm to provide
protective barricading to this site.
tf you need any additional information concerning this claim, please contact me.